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IP Treaties Collection

Contracting Parties Convention on the Recognition and Enforcement of Foreign Arbitral Awards Germany

Dates Signature: June 10, 1958 Ratification: June 30, 1961 Entry into force: September 28, 1961

Declarations, Reservations

Declaration made upon ratification:
"With respect to paragraph 1 of article I, and in accordance with paragraph 3 of article I of the Convention, the Federal Republic of Germany will apply the Convention only to the recognition and enforcement of awards made in the territory of another Contracting State."

Objection made on December 21, 1989, by the Federal Republic of Germany to a declaration made by Argentina upon ratification:
"The Federal Republic of Germany is of the opinion that the second paragraph of the declaration of the Argentine Republic represents a reservation and as such is contradictory to Article I (3) of the Convention; furthermore, the reservation is vague and hence inadmissible; the Federal Republic of Germany therefore raises an objection to that reservation.
In all other respects this objection is not intended to prevent the entry into force of the Convention between the Argentine Republic and the Federal Republic of Germany."

 
Territorial Information

In a communication received on August 31, 1998, the Government of Germany notified the Secretary-General of its decision to withdraw the declaration made upon ratification of the Convention.
The text of the withdrawn declaration reads as follows:
"The Convention on the Recognition and Enforcement of Foreign Arbitral Awards, done at New York on 10 June 1958, will also apply to Land Berlin as from the day on which the Convention enters into force for the Federal Republic of Germany."

Declaration of February 24, 1976, by the Federal Republic of Germany relating to the declaration made upon accession by the German Democratic Republic concerning application to Berlin (West):
"The Government of the Federal Republic of Germany, on the basis of the legal situation set out in the [Note] of the Three Powers [*], wishes to confirm that the application in Berlin (West) of the above-mentioned [Convention] extended by it under the established procedures continues in full force and effect."
[*] Declaration made on January 26, 1976, by France, the United Kingdom of Great Britain and Northern Ireland and the United States of America.

The accession by the German Democratic Republic was accompanied by the following objection to the declaration made upon ratification by the Federal Republic of Germany concerning application to Land Berlin:
"... Pursuant to the Quadripartite Agreement of 3 September 1971 between the Governments of the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland, the United States of America and the French Republic, that Berlin (West) is not a constituent part of the Federal Republic of Germany and not to be governed by it. The statements by the Federal Republic of Germany to the effect that these Conventions also apply to "Land Berlin" are therefore contrary to the Quadripartite Agreement, which states further that treaties affecting matters of security and status may not be extended to Berlin (West) by the Federal Republic of Germany. The statements by the Federal Republic of Germany cannot therefore have legal effects."

 
Additional Information

The German Democratic Republic had acceded to the Convention, on February 20, 1975, with effect from May 21, 1975. The accession was accompanied by the following declarations:
"1. The German Democratic Republic will apply the Convention to the recognition and enforcement of arbitral awards made in the territory of another Contracting State. To arbitral awards made in the territories of non-contracting States, the Convention will be applied only to such extent as those States grant reciprocity. Furthermore, the German Democratic Republic will apply the Convention only to differences arising out of contractual or non-contractual legal relationships which are considered as commercial under the national law of the German Democratic Republic.
2. The German Democratic Republic considers that the provisions of articles VIII and IX of the Convention are inconsistent with the principle that all States pursuing their policies in accordance with the purposes and principles of the Charter of the United Nations shall have the right to become parties to conventions affecting the interests of all States.
3. The position of the German Democratic Republic on article X of the Convention, as far as the application of the Convention to colonial and other dependent territories is concerned, is governed by the provisions of the United Nations Declaration on the Granting of independence to colonial countries and peoples (Res. 1514 (XV) of 14 December 1960) proclaiming the necessity of bringing to a speedy and unconditional end colonialism in all its forms and manifestations."